Legal Question in Wills and Trusts in Arizona

Will

Can any attorney just give a straight answer and not an opinion.

Can a person issue all of his possessions in a will to another person that can not ever be changed? That means that when the person dies, regardless if he made another will just before his death that it would not change who gets his possessions named in the will?


Asked on 9/26/07, 11:58 am

2 Answers from Attorneys

James Jenkins Jenkins Law Center PLC

Re: Will

Can a person seeking free advice by volunteer attorneys ever give the complete facts, stated concisely, so a proper response can be provided?

Sorry for the sarcasm, but your question inspired it.

Why do you want to do this? Or is it someone else's will you desire to make irrevocable? Is the testator married? Will it be a joint will? Have you considered that convincing someone else to do this might be construed as undue influence, which could invalidate the will? Will the person executing the documents have independent legal counsel? Is the person vulnerable to pressure or influence? Does he or she have full testamentary capacity? What is the purpose for the irrevocable status?

Otherwise, the previous answer submitted is correct.

By the way, an opinion by a well-versed lawyer is a straight answer.

Good luck and best regards.

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Answered on 9/27/07, 10:44 am
Brian Blum Blum Law Office, PLC

Re: Will

Unfortunately the law rarely has straight answers. That's why we have judges, lawyers, and courts.

You can achieve your goal in at least two different ways. Both of which are complicated and should be done by a lawyer. They are:

1. With a combination of a will and a corresponding contract not to revoke.

or

2. Create an irrevocable trust.

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Answered on 9/26/07, 12:21 pm


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